6 - amendedAgenda Item No:6.
City Commission Agenda Item Report
Meeting Date: July 3, 2018
Submitted by: Nkenga Payne
Submitting Department: City Attorney
Item Type: Ordinance
Agenda Section: ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S)
Subject:
An Ordinance establishing a new Section 17-10.3 within Chapter 17, Article I of the City’s Code of Ordinances
to be known as the Pedestrian Crossing Acquisition, Development, Operation and Maintenance Trust Fund.
3/5
(Commissioner Gil)
Suggested Action:
Attachments:
Pedestriam_Crossing_Trust_Fund2CArev_s SACArev#sDaisAmended.doc
MH Advertisement.pdf
DBR Advertisement.pdf
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Page 1 of 4
ORDINANCE NO. _________________1
2
An Ordinance establishing a new Section 17-10.3 within Chapter 17, Article I of the 3
City’s Code of Ordinancesto be known as the Pedestrian Crossing Acquisition, 4
Development, Operation and Maintenance Trust Fund.5
6
WHEREAS,a review of the last two years of records regarding traffic accidents that 7
have occurred on US 1 at the intersections of SW 72 Street reveal that in 2016 (Jun-Dec) there 8
were 35 accidents, 0 involving pedestrians, in 2017 (Jan-Dec) there were 55 accidents,2 9
involving pedestrians and in 2018(Jan-May) there were 24 accidents, 2 involving pedestrians (1 10
of which involved 3 pedestrians)for a total of 114 accidentsand of the4 accidents involving 11
pedestrians,there was oneTraffic fatality; and12
13
WHEREAS,a review of the last two years of records regarding traffic accidents that 14
have occurred on US 1 at the intersections of SW 57Avenue reveal that in 2016 (Jun-Dec), there 15
were 19 accidents, 0 involving pedestrians, in 2017 (Jan-Dec) there were 44 accidents, 1 16
involving a pedestrian and in 2018 (Jan-May) there were 19 accidents, 1 involving a pedestrian; 17
and18
19
WHEREAS,anew mixed-usedevelopment is scheduled to be built on the site of the 20
Metrorail stationon South Dixie Hwy nearthe intersections of SW 57Avenue and another 21
mixed-usedevelopment is scheduled to be built across from City Hall on Sunset Drive. It is 22
anticipatedthat many of the inhabitants, employees and customers ofthese developmentswill be 23
crossingUS 1; and24
25
WHEREAS,the residents of the SouthMiami Community RedevelopmentArea must 26
cross US1 to get to the two closest supermarkets, i.e., Winn Dixie located west of US 1 in South 27
Miami and Publix locatedwest of US 1 in Coral Gables; and28
29
WHEREAS,theSouth Miami Community Redevelopment Agency plan includes a 30
pedestrian bridge for US1; and31
32
WHEREAS,the Mayor and City Commission are interested ininstallinga pedestrian 33
crossing near the South Miami Metrorail station.34
35
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 36
COMMISSION OF THE CITY OFSOUTH MIAMI, FLORIDA:37
38
Section 1. Chapter 17, Article I of the City’s Code of Ordinances is hereby amended to 39
create Section 17-10.3 to read as follows:40
41
Sec. 17-10.3–Pedestrian CrossingAcquisition, Development, Operation and 42
Maintenance Trust Fund. 43
44
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Page 2 of 4
(1) Definitions.As used in this section, the following words shall have the following 1
meanings: 2
"Routine maintenance" means minor repairs and associated tasks necessary to 3
maintain a safe and efficient Pedestrian Crossingsystem. The term includes: upkeep 4
of fixtures such as benches, pavement, patching; shoulder repair; cleaning and repair 5
of drainage, signs, and structures; mowing, litter cleanup, and other similar activities. 6
"FUND" as used in this section shall mean the Pedestrian Crossing Acquisition, 7
Development, Operation and Maintenance Fund. 8
(2) Purpose.The fund is hereby created for the purposes of acquiring, developing, 9
operating and maintaining Pedestrian Crossings. 10
(3) Funding sources.Cityand South Miami Community Redevelopment Agency 11
budgeted funds as well as federal, state, county and private funding, including the 12
Trust for Public Lands, Citizens' Independent Transportation Trust (CITT) and other 13
similar sources. 14
(4) Use of funds.Any monies deposited into the fund and their interest or investment 15
earnings shall be applied as follows: 16
a. Categories, subcategories and projects: The FUNDhas three (3) major 17
categories: 1) Acquisition; 2) Development; and 3) Improvement. Each year as 18
part of the City's annual budget process, the CityManagershall submit a 19
proposed spending planfor the FUND, including the scope of each anticipated 20
project and allocating expected new revenues and interest or investment 21
earnings among the categories, subcategories, and projects for the coming year. 22
Over the term of the program, funding and expenditures will be consistent with 23
this section, unless the CityCommissionby supermajority (4/5) vote determines 24
otherwise. 25
b. Each proposed projectof this FUNDwill be included in the City's Capital 26
Improvement Program, unless subsequently added to this program by the 27
Commissionin compliance with this Section. The proposed scopes of projects 28
will include recommendations bythe applicable CityDepartments. 29
c. The acquisition categorywill be used to pay for acquisition projects. In making 30
recommendationsregarding the funding of the acquisition fund projects, the 31
City Managerwill consider the following criteria. 32
i. Hasthe project been subject to a public review process or is it consistent 33
with approved plans, such as a neighborhood plan or a sea level rise or 34
watershed plan? 35
ii. Does the project address deficiency or underserved communities? 36
iii. Is the project in an area experiencing growth? 37
iv. Does the project address an immediate health or safety problem, or take 38
advantage of an opportunity that will be lost unless action is taken? 39
v. Does the project contribute to solving major challenges facing our 40
community? 41
3
Page 3 of 4
vi. Does the project have the potential to leverage other resources through the 1
actions of other public agencies, funding from public, private or 2
philanthropic partners, and/or in-kind contributions of time and energy from 3
citizen volunteers? 4
vii. Does the project result in significantly loweroperating costs for the City? 5
viii. Does the project demonstrate new and creative methods to meet the 6
community's needs? 7
ix. Does the project demonstrate a high degree of neighborhood involvement 8
andsupport? 9
d. Funds unexpended at the end of any budget yearand any unallocated fundingshall 10
automatically be carried overwithin the FUNDto the next budget year. 11
(5) Deposit of proceeds.Funds from various sources may be deposited into the 12
PedestrianCrossingAcquisition, Development, Operation and Maintenance Fund13
under this Section. Funds may be temporarily deposited or invested in such manner 14
as may be lawful, for the investment of such money and any interest and other 15
earnings shall be deposited in the fund. Any revenue or taxes and any interest or 16
other earnings from their deposit or investment, deposited in the fund, shall be 17
applied solely for the projects authorized pursuant to this Section, or remain in the 18
fund until appropriated. 19
(7) Bond and notes.To the extent permitted and in accordance with applicable law, the 20
Citymay issue bonds, notes, or other forms of indebtedness, payable wholly or in 21
part from the Pedestrian CrossingAcquisition, Development, Operation and 22
Maintenance Fund. 23
(8) Restrictions.This fund shall not be used for routine maintenance as defined by this 24
Section. 25
Section 2. Codification. The significant provisions of this ordinance shall become and 26
be made part of the Code of Ordinances of the City of South Miami asamended; that the sections 27
of this ordinance may be renumbered or re-lettered to accomplish such intention; and that the 28
word "ordinance" may be changed to "section" or other appropriate word.29
30
Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is 31
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 32
shall not affect the validity of the remaining portions of this ordinance.33
34
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all 35
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.36
37
Section 5. Effective Date. This ordinance shall become effective upon enactment.38
39
PASSED AND ENACTED this ____ day of _____________, 2018.40
41
42
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Page 4 of 4
1
2
3
ATTEST:APPROVED:4
5
6
7
________________________________________________8
CITY CLERK MAYOR9
1st Reading 10
2nd Reading 11
12
READ AND APPROVED AS TO FORM:COMMISSION VOTE:13
LANGUAGE, LEGALITY AND Mayor Stoddard:14
EXECUTION THEREOF Vice MayorHarris: 15
Commissioner Gil:16
Commissioner Liebman:17
________________________Commissioner Welsh:18
CITY ATTORNEY 19
20
5
CITYOFSOUTHMIAMI
COURTESYNOTICE
NOTICE IS HEREBY giventhatthe City Commission of the
City of South Miami,Florida will conduct Public Hearing(s)at
its regular City Commission meeting scheduled for Tuesday,
July 3,2018,beginning at 7:00 p.m.,in the City Commission
Chambers,6130 Sunset Drive,to considerthe following item(s):
An Ordinanceestablishinganew Section 17-10.3within
Chapter 17,Article Iofthe City’s Code of Ordinances
to be known as the Pedestrian Crossing Acquisition,
Development,Operation and MaintenanceTrust Fund.
AResolution authorizingthe City Manager to execute
an IntergovernmentalAgreement with Miami Dade
County authorizing the City of South Miami to assume
the installation and maintenance responsibilitiesfor
certain trafficcontrol devices,onlypertaining to its
local municipalstreets.
AResolution authorizing the City Manager to enter into
amulti-year Interlocal Agreement withMiami-Dade
County for IT maintenance and support services for a
five (5)year term,expiringSeptember 30,2023.
AResolution of the Mayor and City Commission of the
City of SouthMiami confirmingthe appointment and
approving the multi-year contract of employment of
Nkenga A.Payneasthe City Clerk.
ALL interested parties are invited to attend and
will be heard.
For further information,please contactthe City Clerk’s
Office at:305-663-6340.
Maria M.Menendez,CMC
City Clerk
Pursuant to Florida Statutes 286.0105,the Cityhereby advises the public
that ifaperson decides to appeal any decision made by this Board,Agency
or Commission with respecttoany matter considered at its meeting or
hearing,he or she will need arecord of the proceedings,and that for such
purpose,affected person may needtoensure that averbatim record of the
proceedings is made which record includes the testimony and evidence
upon which the appeal is to be based.
SUNDAY JUNE 24 2018 NEIGHBORS 25SE
MIAMIHERALD.COM
or women.
The achievements of
2018 honorees are recog-
nized as standing on the
shoulders of those who
came before and paved
the way for them.
Within the past 100
years,aviation pioneers
Bessie Coleman,William
Powell,Willa Brown,C.
Alfred “Chief”Anderson
Benjamin O.Davis,Chap-
pie James,the Tuskegee
Airmen and others over-
With courage and per-
sistence,dreams can
come true.On Sunday,
the South Florida chapter
of the National Alumnae
Association of Spelman
College will honor alum-
nae and community lead-
ers in aviation and aero-
nautics,career fields that
have not traditionally
been available to black
people or women.
The annual alumnae
association scholarship
fundraiser is titled “All
That Jazz”and will fea-
ture live entertainment,
full buffet,and asilent
auction raise to raise
money to help students
attending aHistorically
Black College (HBCU)
achieve their higher edu-
cation goals.Open the
public,tickets and in-
formation are available at
all-that-jazz-2018
.eventbrite.com.
This year,awards will
be given at Club Tropical
Ballroom in Hallandale to
Spelman College alumnae
and community honorees
in aviation and aeronaut-
ics,career fields that have
not traditionally been
available to black people
came challenges to partic-
ipate in aviation.
During the first half of
the20th century,aviation
as acareer was unknownto
black people becauseof
segregation,ortowomen
because of genderbias.
Bessie Coleman,then a
black teenager in Texas,
heard stories about World
War Ipilots and decided
she wanted to fly,too.At
BLACK IN TIME
Aviation pioneers
honored fo rachie ving
their drea ms
Sheila L.Chamberlain,Spelman College Classof1981,the
U.S.Army’sfirst black woman combat intelligence pilot
with portrait of herself as apilot in an exhibit sponsored
by the Miramar Cultural Trust.
BY DOROTHY JENKINS FIELDS
djf@bellsouth.net
SEE FIELDS,26SE
6
.. .
MIAMI DAILY BUSINESS REVIEW
Pu blished Da ily except Saturday, Su nday and
Lega l Holidays
Miam i, Mi ami-Dade County , Florida
STATE OF FLORID A
COU NTY OF MIAMI -D A DE :
~ejm e \"e un de rsigned authority personally appeared
JOHANA OLIVA , who on oat" sa)'s t"at he or she is the
LEGA L CL ERK , Legal Notices of the Miami Daily Business
Re"iew flk/a Miami Review , a daily (except Saturday ,
Sunday and Legal Holidays) newspaper , published at Miami
in Miami-Dade County , Florida ; that the attached copy of
advert isement , be ing a Legal Advertisement of Notice in the
matter of
NOTIC E OF PUBLIC HEARINGS -CITY OF SOUTH MIAMI -JUL
3 , 2018
in the XX XX Court ,
was published in said newspaper in the issues of
06/22/2018
Affiant further says that the said Miami Daily Bus iness
Review is a newspaper published at Miami , in said Miami-Dad
e County, Florida and that the said newspaper has
he retofore been continuously pub lished in said Miami -Dade
County , Fl orida eac h day (except Saturday , Sunday and
Lega l Ho lidays) and has been entered as second class mail
matter at the post office in Miami in sa id Miami-Dade County ,
Florida , for a period of one year nex1 preceding the first
publication of the attached copy of advertisement ; and affiant
further says that he or she has neither paid no r promised an y
person , firm or co rpora t ion any discount , rebate , commission
or refund for the purpose of securing this advertisement for
publication in the said newspaper.
d subscribe d before me th~ D
JU~c:77Umao
JOHANA OLI VA perso nall y known to me
.''R~A~:¥<;;,:.. BARBARA THO MAS [~r~';'~;1 ~on:mi 5Sio n # GG 121171 ~~~~;~l Exp ires Nove mber 2 2021
"I.OF F\.O.... C 6...... I .......... "",Ned Thr\i Troy-Fa in Insurance Soo-385-7019
CITY-oF SOU-TH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given t hat the Cit')' Commission of the Cit')' of South
Miami, Florida will conduct Pu blic Heari ng(s) at its regular Cit')' Commission
meeti ng scheduled for Tuesday, July 3, 2018, begi nning at 7:00 p.m., in
the City Commiss ion Chambers, 6130 Sunset Drive, to consider the foll owing
item(s): •
An Ord inance establishing a new Secti on 17-1 0 .3 within Chapter 17 ,
Art ic le I of the City's Code of Ordinan ces to be known as the Pedestri an
Cro ss ing Acquisition, Deve lopment, Ope ration and Maintenan ce Trust Fund .
A Resol utio n auth orizing th e City Manager to exec ute an Intergovemmental
Agr ee ment with Miami Dade Count')' authorizing the Cit')' of South
Miam i to assume t he installation and maintenance responsibilities for
certain traffic control devices , only pert aining t o its local municipal streets.
A Resolution authorizi ng the Cit')' Manager to enter into a mUlti-year
Interlocal Agreement with Miami-Dade Count')' for IT maintenance and
support services for a five (5) year term , expiring September 30 , 2023.
A Resolut ion of t he Mayor arid Cit')' Commission of the Cit')' of South
Miami co nfirming the appointment and approv ing the multi-year cont ract
of employment of Nkenga A. Payne as the Cit')' Clerk.
ALL interest ed parties are invited to attend and will be heard.
For further informat ion, please contact the Cit')' Clerk's Office at
305-663-6340 .
Maria M. Menendez, CMC
Cit')'C/erk
Pursuant t o Florida St at utes 286.0105 , the Cit')' hereby advises the public
t hat if a perso n decides t o appeal any decision made by this Board , Agency
or Commission with respect to any matter considered at its meeting or
hearing , he or she will need a record of the proceedings, and that for · such
purpose , affected person may need to el)sure that a verbatim record of the
proceedings ' is made which record includes the testimony and evidence
upon wh ich the appeal is to be based.
6/22 18-85/0000327948M
7